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ARTICLE ID 29250

$________ - CONSTRUCTION SITE NEGLIGENCE - VIOLATION OF ILLINOIS STRUCTURAL WORK ACT - UNSAFE WORKPLACE - TRAUMATIC BRAIN INJURY - PLAINTIFF IS STRUCK IN THE FACE BY 4X4 TIMBER WHEN 1 TON STEEL PILING FELL 25 FEET FROM CRANE ONTO THE TIMBER.

Cook County, Illinois

The 45-year-old female carpenter on a job site was struck in the face by a 4x4 timber when it was hit by a falling steel piling.

The plaintiff suffered facial fractures and a traumatic brain injury.

The plaintiff was employed by Case Foundation as a carpenter.

Case was subcontracted by the defendant Ganna Construction that had been hired by the Illinois Department of Transportation to rebuild Route 62 in Hoffman Estates, Illinois. The plaintiff’s employer had been hired to erect a retaining wall made of steel sheet pilings. While the plaintiff was performing her job duties, a ________ pound steel sheet piling fell from about 25 feet while being hoisted by a crane. A six-foot 4x4 timber was balanced perpendicularly across a two-inch stack of steel pilings each of which was about 18 inches wide and 24 feet long. When the piling fell and struck the timber, it flew upward and struck the plaintiff in the face. She suffered facial fractures and a mild traumatic brain injury. The plaintiff alleged that she was unable to return to work following this incident. She incurred past medical bills of approximately $________ and contended past and future wage loss of approximately $________.

The plaintiff brought suit against the defendant Ganna alleging that the defendant violated the Illinois Structural Work Act and failed to provide the plaintiff with a safe work environment.

Specifically, the plaintiff alleged that the defendant permitted an unsecured load to be lifted with a crane or hoisted in violation of the Act; failed to prevent the sheet piling from falling; permitting the placement and hoisting of the sheet piling in an unsafe and unreasonable manner and failing to establish and require frequent and regular safety inspections and supervision of the work by competent individuals. The plaintiff also alleged that the defendant’s actions in failing to provide a safe work environment violated OSHA requirements.

The defendant denied liability and maintained that the work was being performed in the usual and customary fashion and that the accident was unforeseeable to defendant Ganna. The defendant maintained that the liability rested with the plaintiff’s employer, Case.

The matter settled on the second day of trial.

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